Q: I live to tell the tale the highest floor of a seven-story block of flats in Manhattan facing the back of the constructing. The rear shareholders on the primary floor have terraces in front of their apartments. Often the smell of marijuana enters my apartment, either from people using the terraces or from individuals with open windows. The smell is bothersome, but I often leave the windows open since the apartment overheats when the windows are closed, whatever the season. Can the cooperative limit using marijuana in order that the fumes don’t reach other apartments?
AND: Even should you don’t live in a smoke-free constructing, the cooperative board could have the facility to manage what happens on the constructing’s balconies, patios, and patios. But when considering latest rules, you furthermore may have to balance your concerns along with your neighbors’ desire to enjoy their outdoor space.
Some buildings have modified their policies “to ban smoking on patios for this very reason, because smoking enters someone’s window,” said Steven D. Sladkus, a Manhattan real estate lawyer who saw the problem arise with cigar smoke .
Mr. Sladkus likens such a rule to the best way that boards often restrict equipment you place on a roof or balcony. The board can ban heavy pots because they will damage the integrity of the roof, or they will regulate what form of chairs and tables you employ outdoors because a lightweight one can go flying in high winds and hurt someone.
But unlike a chunk of furniture that everybody sees on a regular basis, smoke is, well, smoke. The council would have to research your claim. It might be difficult to prove that your neighbors are accountable for the smell. You live in a city and smoke and other smells can travel from the road. How to prove that somebody opens a window and blows smoke, that smoke enters the apartment? Regarding smoking outside, your apartment is a long way from the primary floor. “In this particular case, seven floors up seems pretty precarious,Mr Sladkus said.
Before the board can implement a rule that may affect how residents use their outdoor space, they have to investigate the claim and be sure it’s legitimate. “Is it really justified?” Mr Sladkus said. “People have outdoor patios for a reason – to benefit from the fresh air.”
It is your responsibility to offer evidence that they will investigate. Record a video where you see smoke rising out of your windows. Ask other neighbors if the smoke bothers them too, especially those that live to tell the tale the lower floors. If this problem is widespread and affects many apartments, you could have a stronger argument.
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